Common use of TENANT’S MAINTENANCE AND REPAIR Clause in Contracts

TENANT’S MAINTENANCE AND REPAIR. Subject to Articles 11 and 12, and to the extent not made the obligation of Landlord pursuant to Section 7.2 below Tenant at its sole expense shall repair, replace and maintain in good condition and operating order and in a manner reasonably commensurate with the maintenance standards of prudent owners of comparable buildings in the City of Sunnyvale (“Comparable Buildings”), the Building Systems and the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Buildings. Notwithstanding Section 7.2 below, Tenant’s maintenance obligation shall include without limitation all appliances, interior glass, doors, door closures, hardware, fixtures, electrical, plumbing, fire extinguisher equipment and other equipment installed in the Premises and all Alterations constructed by Tenant pursuant to Section 7.3 below. All repairs and other work performed by Tenant or its contractors shall be subject to the terms of Sections 7.3 and 7.4 below. All Building Systems, including HVAC, elevators, main electrical, plumbing and fire/life-safety systems, shall be maintained and repaired by Tenant (i) in a manner reasonably commensurate with the standards required by prudent owners of Comparable Buildings, (ii) in accordance with any applicable manufacturer specifications relating to any particular component of such Building Systems, and (iii) in accordance with applicable Laws. Tenant shall contract with a qualified, experienced professional third party service company to perform its maintenance, repair and replacement obligations hereunder with respect to the HVAC systems (which shall provide for and include, without limitation, replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis), the Building fire/life-safety systems and the electrical and plumbing systems (a “Service Contract”). Tenant shall deliver full and complete copies of all such Service Contracts to Landlord within thirty (30) days after the effective date of such Service Contract. In addition, Tenant shall regularly, in accordance with commercially reasonable standards, generate and maintain preventive maintenance records relating to each Building’s mechanical and main electrical systems, including life safety, elevators and the central plant (“Preventative Maintenance Records”). In addition, Tenant shall deliver to Landlord copies of all current Service Agreements from time to time to Landlord and/or copies of the Preventative Maintenance Records on a quarterly basis. Alternatively, should Landlord or its management agent agree to make a repair on behalf of Tenant and at Tenant’s request, Tenant shall promptly reimburse Landlord as additional rent for all reasonable costs incurred (including the standard supervision fee) upon submission of an invoice.

TENANT’S MAINTENANCE AND REPAIR. Subject to Articles 11 and 12, and to the extent not made the obligation of Landlord pursuant to Section 7.2 below Tenant at its sole expense shall make all repairs necessary to keep the Premises and all improvements and fixtures therein in reasonable condition and repair, replace excepting ordinary wear and maintain in good condition and operating order and in a manner reasonably commensurate with the maintenance standards of prudent owners of comparable buildings in the City of Sunnyvale (“Comparable Buildings”), the Building Systems and the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Buildingstear. Notwithstanding Section 7.2 below, Tenant’s maintenance obligation shall include without limitation all appliances, interior glass, doors, door closures, hardware, fixtures, electrical, plumbing, fire extinguisher equipment and other equipment installed in the Premises and all Alterations constructed by Tenant pursuant to Section 7.3 below, together with the maintenance and repair of all structural, electrical, mechanical and plumbing systems (excluding the elevator systems) serving the Buildings and all heating ventilating and air condition units and equipment, including boilers, serving the Buildings (the “HVAC System”), the energy management system serving the Buildings (the “Energy System”), and any supplemental HVAC units and equipment installed by or on behalf of Tenant in the Buildings, including the “Supplemental Cooling System” as defined in Exhibit G (collectively, the “Supplemental HVAC System”); provided that Landlord shall be responsible for the replacement of all structural, electrical, mechanical and plumbing systems serving the Buildings and the HVAC System during the Term, as and when needed. Additionally, Tenant at its sole cost and expense, shall be responsible for disconnecting the Buildings from Landlord’s “master” Energy System currently serving the Buildings. As part of its maintenance obligations hereunder, Tenant shall, at Landlord’s request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for or on behalf of Tenant, in connection with the structural, electrical, mechanical and plumbing systems being maintained by Tenant and the HVAC and Energy Systems. Any contractor utilized by Tenant in connection with the HVAC and Energy Systems shall be subject to Landlord’s reasonable approval. All repairs and other work performed by Tenant or its contractors shall be subject to the terms of Sections 7.3 and 7.4 below. All Building Systems, including HVAC, elevators, main electrical, plumbing and fire/life-safety systems, Tenant shall be maintained and repaired by Tenant (i) perform or have performed all repairs or Alterations in a workmanlike manner reasonably commensurate and quality consistent with the standards required by prudent owners of Comparable Buildings, (ii) in accordance with any applicable manufacturer specifications relating to any particular component of such Building Systems, and (iii) in accordance with applicable Laws. Tenant shall contract with a qualified, experienced highest relevant professional third party service company to perform its maintenance, repair and replacement obligations hereunder with respect to the HVAC systems (which shall provide for and include, without limitation, replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis), the Building fire/life-safety systems and the electrical and plumbing systems (a “Service Contract”). Tenant shall deliver full and complete copies of all such Service Contracts to Landlord within thirty (30) days after the effective date of such Service Contract. In addition, Tenant shall regularly, in accordance with commercially reasonable standards, generate and maintain preventive maintenance records relating to each Building’s mechanical and main electrical systems, including life safety, elevators and the central plant (“Preventative Maintenance Records”). In addition, Tenant shall deliver to Landlord copies of all current Service Agreements from time to time to Landlord and/or copies of the Preventative Maintenance Records on a quarterly basisstandard. Alternatively, should Landlord or its management agent agree to make a repair on behalf of Tenant and at Tenant’s written request, Tenant shall promptly reimburse Landlord as additional rent for all reasonable costs incurred (including the standard supervision fee) upon within 30 days after submission of an invoice.

TENANT’S MAINTENANCE AND REPAIR. Subject to Articles 11 Tenant, at all times during the Term, at its expense, shall keep the Premises, including, without limitation, the Improvements, in good order, condition and 12repair and in substantially the condition on the completion of construction, ordinary wear and tear excepted, and to the extent not made the obligation of Landlord pursuant to Section 7.2 below Tenant at its sole expense shall repair, replace and maintain in good condition and operating order and in a manner reasonably commensurate compliance with the maintenance standards of prudent owners of comparable buildings set forth in the City Community Declaration and the Declaration Regarding Outparcels. Xxxxxx further agrees to be responsible for maintaining the landscaping surrounding Tenant's building and parking area in accordance with first-class landscape maintenance standards, including the sidewalks and all landscaping between the edge of Sunnyvale (“Comparable Buildings”), pavement of the Building Systems right-of-way of Xxxx Xxxxxx Drive and the Premises, including all improvementsand for sweeping and cleaning the entrances to the building in addition to the parking lot, fixtures, furnishingssidewalks, and systems other improved areas of the Premises. Tenant will provide and equipment therein maintain vermin-proof receptacles for Xxxxxx's own use in the event refuse is temporarily stored outside of the building, and Tenant will be responsible for the removal of said refuse and will promptly and strictly comply with all health, sanitary or other laws, regulations and ordinances pertaining to the depositing and removal of such refuse from or about the Premises. Tenant shall promptly perform such maintenance and shall promptly make or cause to be made any and all necessary or appropriate repairs, replacements, or renewals (all or any one of which herein referred to as "Repairs"). All Repairs shall be at least equal in quality and class to the original work. The term "Repairs" includes, without limitation, all necessary repairs and replacements of the Premises (including, without limitation, plumbing fixtures the roofs, foundations, all interior and equipment such as dishwashers, garbage disposalsexterior walls, and instaall structural and non-hot dispensersstructural portions of the buildings and other improvements), structural or otherwise, ordinary or extraordinary, foreseen and the floor or floors of the Buildings. Notwithstanding Section 7.2 belowunforeseen, Tenant’s maintenance obligation shall include without limitation all appliances, interior glass, doors, door closures, hardware, fixtures, electrical, plumbing, fire extinguisher equipment and other equipment installed in the Premises and all Alterations constructed by Tenant pursuant to Section 7.3 below. All repairs and other work performed by Tenant or its contractors shall be subject including but not limited to the terms of Sections 7.3 exterior and 7.4 below. All Building Systemsinterior windows, including HVACdoors and entrances, elevatorssigns, main electricalfloor coverings, columns and partitions; and lighting, heating, plumbing and fire/life-safety systems, shall be maintained and repaired by Tenant (i) in a manner reasonably commensurate with the standards required by prudent owners of Comparable Buildings, (ii) in accordance with any applicable manufacturer specifications relating to any particular component of such Building Systemssewerage facilities, and (iii) in accordance with applicable Lawsair conditioning equipment. Tenant Landlord shall contract with a qualifiednot be required to make any Repairs of any kind or nature in, experienced professional third party service company to perform its maintenance, repair and replacement obligations hereunder with respect on or to the HVAC systems (which shall provide for and include, without limitation, replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis), Premises during the Building fire/life-safety systems and the electrical and plumbing systems (a “Service Contract”). Tenant shall deliver full and complete copies of all such Service Contracts to Landlord within thirty (30) days after the effective date of such Service Contract. In addition, Tenant shall regularly, in accordance with commercially reasonable standards, generate and maintain preventive maintenance records relating to each Building’s mechanical and main electrical systems, including life safety, elevators and the central plant (“Preventative Maintenance Records”). In addition, Tenant shall deliver to Landlord copies of all current Service Agreements from time to time to Landlord and/or copies of the Preventative Maintenance Records on a quarterly basis. Alternatively, should Landlord or its management agent agree to make a repair on behalf of Tenant and at Tenant’s request, Tenant shall promptly reimburse Landlord as additional rent for all reasonable costs incurred (including the standard supervision fee) upon submission of an invoiceTerm.

TENANT’S MAINTENANCE AND REPAIR. Subject to Articles 11 and 12, and to the extent not made the obligation of Landlord pursuant to Section 7.2 below The Tenant shall at all times at its sole own expense shall repair, replace keep the following: a) the Leased Premises and maintain in good condition and operating order and in a manner reasonably commensurate with the maintenance standards of prudent owners of comparable buildings in the City of Sunnyvale (“Comparable Buildings”), the Building Systems and the Premisesits contents, including without limiting the generality of the foregoing, all leasehold improvements, fixtures, furnishingsinventory, and systems and equipment therein (includingglass, without limitationplate glass, plumbing fixtures and equipment such as dishwasherswindows, garbage disposalsmouldings, and insta-hot dispensers), and the floor or floors of the Buildings. Notwithstanding Section 7.2 below, Tenant’s maintenance obligation shall include without limitation all appliances, interior glasssigns, doors, door closures, hardware, fixtureswalls, electricalfloors and ceilings and the exterior and interior surfaces of all windows and doors, and all hoists, lifts, moving platforms, loading docks, platforms and access areas and other ancillary facilities or equipment forming part of the Leased Premises; and b) all electric, plumbing, fire extinguisher equipment heating, ventilating, air-conditioning and other equipment installed wiring, piping and fixtures, and loading docs, platforms, access areas and other facilities serving the Leased Premises exclusively, even though located outside the boundaries of the Leased Premises, in the Premises a neat, clean and tidy condition, painted and decorated, and in good and substantial repair. The Tenant shall make all Alterations constructed by Tenant pursuant to Section 7.3 below. All needed repairs and other work performed by Tenant replacements thereto (except for repairs or its contractors replacements which the Landlord must make under Section 13.05 or Article 15) and perform all necessary painting, decoration, redecoration, repairs, and replacements with due diligence and dispatch. The Landlord shall be subject to at the terms of Sections 7.3 and 7.4 below. All Building SystemsTenant's expense (unless the Landlord is covered for such expense under this insurance) perform all necessary repairs, including HVACreplacements, elevatorspainting, main electricaldecoration, plumbing and fire/life-safety systems, shall be maintained and repaired by Tenant (i) in a manner reasonably commensurate with the standards required by prudent owners of Comparable Buildings, (ii) in accordance with any applicable manufacturer specifications relating or redecoration to any particular component of such Building Systems, and the items mentioned in subsection (iiib) in accordance with applicable Lawswhich are outside the Leased Premises. Tenant shall contract with a qualified, experienced professional third party service company The Landlord may at its option elect to perform its maintenance, repair and replacement obligations hereunder with respect to the HVAC systems (which shall provide for and include, without limitation, replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis), the Building fire/life-safety systems and the electrical and plumbing systems (a “Service Contract”). Tenant shall deliver full and complete copies of all such Service Contracts to Landlord within thirty (30) days after the effective date of such Service Contract. In addition, Tenant shall regularly, in accordance with commercially reasonable standards, generate and maintain preventive maintenance records relating to each Building’s mechanical and main electrical systems, including life safety, elevators and the central plant (“Preventative Maintenance Records”). In addition, Tenant shall deliver to Landlord copies of all current Service Agreements from time to time to Landlord and/or copies any of the Preventative Maintenance Records on a quarterly basis. Alternatively, should Landlord or its management agent agree to make a repair on behalf other obligations of the Tenant and at Tenant’s request, Tenant shall promptly reimburse Landlord as additional rent for all reasonable costs incurred (including the standard supervision fee) upon submission of an invoiceset out in this section.

TENANT’S MAINTENANCE AND REPAIR. Subject to Articles 11 and 12, and to the extent not made the obligation of Landlord pursuant to Section 7.2 below (a) The Tenant shall at all times at its sole own expense shall repairkeep the Leased Premises and its contents, replace and maintain in good condition and operating order and in a manner reasonably commensurate with including, without limiting the maintenance standards generality of prudent owners of comparable buildings in the City of Sunnyvale (“Comparable Buildings”)foregoing, the Building Systems and the Premises, including all leasehold improvements, fixtures, furnishingsinventory, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Buildings. Notwithstanding Section 7.2 below, Tenant’s maintenance obligation shall include without limitation all appliances, interior glass, doors, door closures, hardware, fixtureswalls, electricalfloors and ceilings in a neat, clean and tidy condition, painted and decorated and in good and substantial repair. The Tenant shall make all needed repairs and replacements thereto (except for repairs or replacements which the Landlord must make under Section 13.05 or Article 15) and perform all necessary painting, decoration, redecoration, repairs, and replacements with due diligence and dispatch. The Landlord may at its option elect to perform any of the obligations of the Tenant set out in this section. (b) The Landlord shall at the Tenant's expense (unless the Landlord is covered for such expense under its insurance) perform all necessary repairs or replacements to the electric, plumbing, fire extinguisher equipment heating, ventilating, air-conditioning and other equipment installed in fixtures, piping or wiring serving the Leased Premises and all Alterations constructed by Tenant pursuant to Section 7.3 belowexclusively, whether or not located herein. All repairs and other work performed by Tenant or its contractors shall be subject to the terms of Sections 7.3 and 7.4 below. All Building SystemsTHE LANDLORD ACKNOWLEDGES THAT AS OF THE DATE THE TENANT TAKES POSSESSION OF THE LEASED PREMISES, including HVACTHE BUILDING STANDARD MECHANICAL SYSTEMS SUCH AS THE HEATING, elevatorsVENTILATING AND AIR-CONDITIONING SYSTEM AND BUILDING STANDARD LIGHTING, main electrical, plumbing and fire/life-safety systems, shall be maintained and repaired by Tenant (i) in a manner reasonably commensurate with the standards required by prudent owners of Comparable Buildings, (ii) in accordance with any applicable manufacturer specifications relating to any particular component of such Building Systems, and (iii) in accordance with applicable Laws. Tenant shall contract with a qualified, experienced professional third party service company to perform its maintenance, repair and replacement obligations hereunder with respect to the HVAC systems (which shall provide for and include, without limitation, replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis), the Building fire/life-safety systems and the electrical and plumbing systems (a “Service Contract”). Tenant shall deliver full and complete copies of all such Service Contracts to Landlord within thirty (30) days after the effective date of such Service Contract. In addition, Tenant shall regularly, in accordance with commercially reasonable standards, generate and maintain preventive maintenance records relating to each Building’s mechanical and main electrical systems, including life safety, elevators and the central plant (“Preventative Maintenance Records”). In addition, Tenant shall deliver to Landlord copies of all current Service Agreements from time to time to Landlord and/or copies of the Preventative Maintenance Records on a quarterly basis. Alternatively, should Landlord or its management agent agree to make a repair on behalf of Tenant and at Tenant’s request, Tenant shall promptly reimburse Landlord as additional rent for all reasonable costs incurred (including the standard supervision fee) upon submission of an invoiceELECTRICAL AND PLUMBING SYSTEMS SERVING THE LEASED POESIES SHALL BE IN GOOD WORKING ORDER.

TENANT’S MAINTENANCE AND REPAIR. Subject Except as set forth in Section 7.2 below and subject to Landlord’s obligations expressly contained in Section 3 of Exhibit G attached to this Lease and further subject to Articles 11 and 12, and to the extent not made the obligation of Landlord pursuant to Section 7.2 below Tenant at its sole expense shall repair, replace make all repairs necessary to keep the Premises and maintain in good condition all improvements and operating order and in a manner reasonably commensurate with the maintenance standards of prudent owners of comparable buildings fixtures therein in the City of Sunnyvale (“Comparable Buildings”)condition as existed on the Commencement Date, the Building Systems excepting ordinary wear and the Premisestear, including all improvements, fixtures, furnishings, casualty and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Buildingscondemnation. Notwithstanding Section 7.2 below, Tenant’s maintenance obligation shall include without limitation all appliances, interior glass, doors, door closures, hardware, fixtures, electrical, plumbing, fire extinguisher equipment and other equipment installed in the Premises and all Alterations constructed by Tenant pursuant to Section 7.3 below, together with any “supplemental” HVAC equipment installed by Tenant or as part of the Tenant Improvement Work. All repairs and other work performed by Tenant or its contractors shall be subject to the terms of Sections 7.3 and 7.4 below. All Building Systems, including HVAC, elevators, main electrical, plumbing and fire/life-safety systems, shall be maintained and repaired by Tenant (i) in a manner reasonably commensurate with the standards required by prudent owners of Comparable Buildings, (ii) in accordance with any applicable manufacturer specifications relating to any particular component of such Building Systems, and (iii) in accordance with applicable Laws. Tenant shall contract with a qualified, experienced professional third party service company to perform its maintenance, repair and replacement obligations hereunder with respect to the HVAC systems (which shall provide for and include, without limitation, replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis), the Building fire/life-safety systems and the electrical and plumbing systems (a “Service Contract”). Tenant shall deliver full and complete copies of all such Service Contracts to Landlord within thirty (30) days after the effective date of such Service Contract. In addition, Tenant shall regularly, in accordance with commercially reasonable standards, generate and maintain preventive maintenance records relating to each Building’s mechanical and main electrical systems, including life safety, elevators and the central plant (“Preventative Maintenance Records”). In addition, Tenant shall deliver to Landlord copies of all current Service Agreements from time to time to Landlord and/or copies of the Preventative Maintenance Records on a quarterly basis. Alternatively, should Landlord or its management agent agree to make a repair on behalf of Tenant and at Tenant’s request, Tenant shall promptly reimburse Landlord as additional rent for all reasonable costs incurred (including the Landlord’s “standard supervision fee” as hereinafter defined) upon submission of an invoice. Not by way of limitation of the foregoing, Tenant may request that Landlord contract directly for interior janitorial services for the Premises, the cost of which shall be reimbursed by Tenant as provided in the foregoing. As used herein, “standard supervision fee” shall mean (i) 15% for the cost of repairs of less of $5,000.00, (ii) 10% for costs of repairs of $5,000.00 to $10,000.00, and (iii) 5% for the cost of repairs of greater than $10,000.00. Notwithstanding anything to the contrary in this Section 7.1, Landlord shall perform and construct, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements of which Tenant notifies Landlord in writing and which require a “capital” expenditure; provided, however, that Tenant shall pay Tenant’s Share of such “capital expenditures” to the extent such costs are properly included in Operating Expenses.